This initiative would prohibit persons convicted of driving under the influence of alchol from purchasing, possessing or consuming alcohol for at least one year and, for repeat offenders, for as many as ten years. Those convicted would receive a driver's license or identification card with the restriction marked on the front of the license or card. An offender who violates the restriction would be finded and receive a longer period of restriction. It would be illegal to sell alcohol without first checking the purchaser's identification, and violators would be criminally and civilly liable for sales occurring to alcohol-restricted individuals.

In 1997 there were 5,549 first and second DUI convictions. The Department of Justice expects costs of $70,000 in the first year for program development, and $16,000 in the second and following years to monitor the restrictions. Duplicate driver's license revenues would increase approximately $35,000 per year.

Voters are urged to read the complete text of the measure, which appears below.

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BE IT ENACTED BY THE PEOPLE OF THE STATE OF MONTANA:

. . . . . Section 1. Section 16-3-301, MCA, is amended as follows:

. . . . . “16-3-301. Unlawful purchases, transfers, sales, or deliveries -- identification -- defense to unlawful sale.

. . . . . (1) It is unlawful for a licensed retailer to purchase or acquire beer from anyone except a brewer or wholesaler licensed under the provisions of this code.

. . . . . (2) It is unlawful for a licensed retailer to transport beer from one licensed premises or other facility to any other licensed premises owned by the licensee.

. . . . . (3) It is unlawful for any licensee, the licensee’s employee or employees, or any other person to sell, deliver, or give away or cause or permit to be sold, delivered, or given away any alcoholic beverage to:

. . . . . (a) any person under 21 years of age,

. . . . . (b) any intoxicated person or any person actually, apparently, or obviously intoxicated; or

. . . . . (c) a person who is restricted under [section 7] from purchasing, possessing, or consuming alcohol,except as provided for in [section 2(2)(a) and (b)].

. . . . . (4) (a) Any person who knowingly misrepresents the person’s qualifications for the purpose of obtaining an alcoholic beverage from such licensee is equally guilty with said licensee. However, nothing herein contained may be construed as authorizing or permitting the sale of an alcoholic beverage to any person in violation of any federal law.

. . . . . (b) A person under 21 years of age convicted under subsection (4)(a) shall be punished as provided in 45-5-624.

. . . . . (c) A person who is restricted under [section 7] from purchasing, possessing, or consuming alcohol and who is convicted under subsection (4)(a) shall be punished as provided in [section 6].

. . . . . (5) It is further mandatory under the provisions of this code that all licensees display in a prominent place in their premises a placard as issued by the department stating fully the consequences for violations of the provisions of this code by persons under 21 years of age or by persons who are restricted under [section 7] from purchasing, possessing, or consuming alcohol.

. . . . . (6) For purposes of this title and, 45-5-623, and [section 5], the establishment of the following facts by a person making a sale of alcoholic beverages to a person under the legal age or to a person who is restricted under [section 7] from purchasing, possessing, or consuming alcohol constitutes prima facie evidence of innocence and a defense to a prosecution for sale of alcoholic beverages to a person under the legal age or to a person who is restricted from purchasing, possessing, or consuming alcohol:

. . . . . (a) the purchaser falsely represented and supported with documentary evidence that an ordinary and prudent person would accept that the purchaser was of legal age to purchase alcoholic beverages and had no other restrictions from purchasing, possessing, or consuming alcohol;

. . . . . (b) the appearance of the purchaser was such that an ordinary and prudent person would believe the purchaser to be of legal age to purchase alcoholic beverages; and

. . . . . (c) the sale was made in good faith and in reasonable reliance upon the representation and appearance of the purchaser that the purchaser was of legal age to purchase alcoholic beverages and was not restricted under [section 7] from purchasing, possessing, or consuming alcohol.

. . . . . (7) A person wishing to purchase alcohol may produce to the licensee, one of the following forms of identification that demonstrates that the person is at least 21 years of age and is not restricted under [Section 8] from purchasing, possessing, or consuming alcohol:

. . . . . (a) the person’s driver’s license

. . . . . (b) a Montana identification card authorized by 61-12-501

. . . . . (c) or any photo identification issued by a government agency proving out of state residency.”"

. . . . . NEW SECTION. Section 2. Providing alcoholic beverage to a person restricted from purchasing, possessing, or consuming alcohol prohibited -- liability of provider. (1) A store manager, a retail licensee, or an employee of a store manager or retail licensee may not sell an alcoholic beverage or permit an alcoholic beverage to be sold to a person who is restricted under [Section 7] from purchasing, possessing, or consuming alcohol.

. . . . . (2) (a) A person may not knowing sell, give, or otherwise provide an alcoholic beverage to a person who is restricted under [section 7] from purchasing, possessing, or consuming alcohol, except as provided in subsection (2)(b).

. . . . . (b) Subsection (2)(a) does not apply to the provision of alcohol to any person:

. . . . . (i) in a private residence; or

. . . . . (ii) by the person’s physician or dentist for medicinal purposes, a licensed pharmacist upon the prescription of a physician, or an ordained minister or priest in connection with a religious observance.

. . . . . (3) It is unlawful for a person to:

. . . . . (a) fraudulently misrepresent to a dispenser of alcoholic beverages the person’s qualifications for the purpose of purchasing, possessing, or consuming alcohol;

. . . . . (b) falsely procure a driver’s license or identification card that does not show the person’s alcohol-restricted status if the person is restricted under [section 7] from purchasing, possessing, or consuming alcohol; or

. . . . . (c) alter an alcohol-restricted notation on a driver’s license or identification card.

. . . . . (4) A person who violates subsection (2) is, in addition to applicable criminal penalties, subject to civil liability for damages resulting from a tortious act committed by the person to whom the alcohol was sold or provided if the act is judicially determined to be the result of the intoxicated condition created by the violation.

. . . . . Section 3. Section 16-6-314, MCA, is amended to read:

. . . . . “16-6-314. Penalty for violating code --- penalty for violation by underage person or person restricted from purchasing, possessing, or consuming alcohol. (1) A person who violates a provision of this code is guilty of a misdemeanor punishable as provided in 46-18-212, except as otherwise in addition to any other penalty provided in this section.

. . . . . (2) If a retail licensee is convicted of an offense under this code, the department shall impose a sanction authorized under 16-4-406 (2)(a) thru (e).

. . . . . (3) A person under 21 years of age who violates 16-3-301 (4)or 16-6-305 (3) is subject to the penalty provided in 45-5-624 (2) or (3).

. . . . . (4) A person who is restricted under [section 7] from purchasing, possessing, or consuming alcohol who violates 16-3-301 or [section 2 (3)] is subject to the penalty provided in [section 6 (3)]. ”

. . . . . Section 4. Section 27-1-710, MCA, is amended to read:

. . . . . “27-1-710. Civil liability for injuries involving alcohol consumption. (1) The purpose of this section is to set statutory criteria governing the liability of a person or entity that furnishes an alcoholic beverage for injury or damage arising from an event involving the person who consumed the beverage.

. . . . . (2) Except as provided in 16-6-305, [section 2], or subsection (3) of this section, a person or entity furnishing an alcoholic beverage may not be found liable for injury or damage arising from an event involving the consumer wholly or partially on the basis of a provision or a violation of a provision of Title 16.

. . . . . (3) Furnishing a person with an alcoholic beverage is not a cause of, or grounds for finding the furnishing person or entity liable for, injury or damage wholly or partly arising from an event involving the person who consumed the beverage unless:

. . . . . (a) the consumer was under the legal drinking age and the furnishing person knew that the consumer was underage or did not make a reasonable attempt to determine the consumer's age;

. . . . . (b) the consumer was visibly intoxicated; or

. . . . . (c) the consumer was restricted under [section 7] from purchasing, possessing, or consuming alcohol and the furnishing person did not make a reasonable attempt to determine if the consumer was restricted under [section 7] from purchasing, possessing, or consuming alcohol; or

. . . . . (d) the furnishing person forced or coerced the consumption or told the consumer that the beverage contained no alcohol.”

. . . . . NEW SECTION. Section 5. Unlawful sale or dispersal of alcohol to alcohol-restricted person -- penalty. (1) Except as provided in [section 2(2)(b)], a person commits the offense of an unlawful sale or dispersal of alcohol to a person who is restricted under [section 7] from purchasing, possessing, or consuming alcohol if the person knowingly sells or gives an alcoholic beverage to a person restricted under [section 7] from purchasing, possessing, or consuming alcohol.

. . . . . 2) In addition to any penalty provided for in 16-6-314, a person convicted of the offense of an unlawful sale or dispersal of alcohol to a person restricted under [section 7] from purchasing, possessing or consuming alcohol shall be fined an amount not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both. A person convicted of a second or subsequent offense of unlawful sale or dispersal of alcohol to a person restricted under [section 7] from purchasing, possessing or consuming alcohol shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term not to exceed 6 months, or both.

. . . . . NEW SECTION. Section 6. Unlawful attempt to purchase or possession of alcohol (1) A person who is restricted under [section 7] from purchasing, possessing, or consuming alcohol, commits the offense of:

. . . . . (a) unlawful possession of alcohol if the person knowingly consumes an alcoholic beverage or has an alcoholic beverage in the person’s possession;

. . . . . (b) attempt to unlawfully purchase alcohol if the person knowingly attempts to purchase an alcoholic beverage.

. . . . . (2) A person does not commit an offense described in this section if the person consumes or gains possession of an alcoholic beverage because it was lawfully supplied to the person under [section 2] or if, in the course of employment, it is necessary to possess alcoholic beverages.

. . . . . (3) A person convicted of the offense of unlawful possession of alcohol or attempt to unlawfully purchase alcohol shall be fined an amount not less than $100 and not more than $1,000 and shall be restricted from purchasing, possessing, or consuming alcohol for a period of time to be determined by the court but in no event less than twice the restriction period that was imposed under [section 7].

. . . . . (4) A restriction imposed under this section must be included in a report of the conviction made by the court to the department of justice in accordance with 61-11-101 and placed upon the person’s driving record maintained by the department in accordance with 61-11-102.

. . . . . NEW SECTION. Section 7. Driving under influence of alcohol -- driving with excessive alcohol concentration -- restriction on purchase, possession, and consumption of alcohol -- notation on driver’s license or identification card -- investigation. (1) In addition to any penalty imposed under 61-8-442, 61-8-714 , 61-8-722, 61-8-723, 61-8-731, 61-8-732, 61-8-733, or 61-8-734, a person convicted of a violation of 61-8-401, 61-8-406, or 61-8-410 shall be restricted from purchasing, possessing, or consuming alcohol for a period of 6 months.

. . . . . (2) On a second conviction, the person shall be restricted from purchasing, possessing, or consuming alcohol for a period of not less than 6 months or more than 5 years.

. . . . . (3) On a third conviction, the person shall be restricted from purchasing, possessing, or consuming alcohol for a period of not less than 6 months or more than 10 years.

. . . . . (4) On a fourth or subsequent conviction, the person shall be restricted from purchasing possessing, or consuming alcohol for a period of not less than 3 years or more than 10 years.

. . . . . (5) If a period of alcohol restriction is imposed under this section, the court shall order that the person’s driver’s license or Montana identification card be surrendered to the department. The department shall issue the person, at the person’s expense, a driver’s license or Montana identification card that contains a notation on the front of the license or card that the holder of license or card is restricted from purchasing, possessing, or consuming alcohol. At the end of the restriction, the person may request, at the person’s expense, a license or card without the notation.

. . . . . (6) An agency investigating a charge of a violation of 61-8-401, 61-8-406, or 61-8-410 by a person restricted under this section shall attempt to determine the source of the alcohol consumed by a person and, if the source is determined, report the source to the department of revenue.

. . . . . (7) A restriction imposed under this section must be included in a report of the conviction made by the court to the department in accordance with 61-11-101 and placed upon the person’s driving record maintained by the department in accordance with 61-11-102.

. . . . . NEW SECTION. Section 8. Voluntary restriction on purchase, possession, and consumption of alcohol. (1) A person may voluntarily request a driver's license or I.D. card with a restriction from purchasing, possessing, or consuming alcohol for any length of time in increments of one year. The department shall issue a restricted license to such person, at the person's expense. At the end of the restriction, the person may request, at the usual expense, a license or card without the notation.

. . . . . (2) A driver's license that has been voluntarily restricted under [section 8] must remain restricted for the term of the restriction, or until the person pays to the department a fee of $100 for early removal of the restriction.

. . . . . NEW SECTION. Section 9. Codification instruction. (1) [Section 2]is intended to be codified as an integral part of Title 16, chapter 6, part 3, and the provisions of Title 16, chapter 6, part 3, apply to [section 2].

. . . . . (2) [Sections 5 and 6] are intended to be codified as an integral part of Title 45, chapter 5, and the provisions of Title 45, chapter 5, apply to [sections 5 and 6].

. . . . . (3) [Section 7] is intended to be codified as an integral part of Title 61, chapter 8, and the provisions of Title 61, chapter 8, apply to [section 7].

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